DNR dismissed from variance lawsuit filed over Crow Wing docks

Minnesota’s Department of Natural Resources will be dismissed from a lawsuit filed over a docking variance granted this past winter.

The DNR was named as a defendant in a suit filed by Fifth Crow Wing resident Ed Mutsch, the Hubbard County Coalition of Lake Associations and the Middle Crow Wing Lake Association.

The case was filed after the Board of Adjustment, another named defendant, granted the former Eagles Landing Resort permission for 11 dock slips, when the plaintiffs say only three are allowed by ordinance.

DNR Fisheries supervisor Doug Kingsley actually spoke out against the extra docks at the variance hearing. He said it could potentially disturb aquatic life in the region.

The dismissal was mutually agreed to, said plaintiffs’ attorney Brian McCool of Minneapolis.

In exchange for the dismissal the DNR agreed to provide the plaintiffs notice if defendants Daniel and Donna Rehkamp, the resort owners, file a request for an aquatic plant management permit relating to the resort. Eagles Landing is now a planned unit development called Rice Bay Associates.

The remaining defendant is Hubbard County. The lawsuit seeks clarification of the Shoreland Ordinances, and which governmental body has the final decision in the variance process.